On The Responsibility Of Using Information Networks To Infringe Upon The Right Of Reputation

With the development of society, the information network has been integrated into all aspects of our lives, which brings us all kinds of convenience, but also brings more hidden dangers to our personal rights and interests. Under the information network environment, the phenomenon of tort in information network become more and more serious, and using information network against the reputation of the phenomenon could be found everywhere. It has brought new challenges to the traditional tort law, and also brought new problems for the judiciary. Information network as a virtual space is different from the traditional media, There is a dispute over how to apply the existing laws on the information network of the reputation of tort regulation. However, it doesn't mean that the network is out of the control of law or the people can't be bound. Citizens should undertake the corresponding legal obligations when they exercise theirs freedom of opinion in the information network.Reputation infringement of information network is not a new concept, it hasn't essential difference with the general reputation infringement in nature and constitution, it's just the extension of the general reputation infringement dispute in the information network space. Therefore, the problem should be solved in general to the special analysis methods on the basis of the infringement of the reputation of the information and the characteristics of information network. It uses the first case of blog infringement dispute in our country to lead the main problem of tort liability:how to identify tort liability and how to bear the tort liability. The characteristics of internet reputation infringement are that infringement information become more widespread, infringement consequences become more difficult estimate, and infringement become more difficult defined. The conflict between the protection of the right of reputation and freedom of opinion mainly reflected on that abusing freedom of opinion could led reputation infringement, and overprotective of reputation is a kind of undue limit.The principle of liability fixation in foreign countries mainly represent strict liability, fault liability and the limitation clause, the principle of fault liability and the principle of strict liability an so on. The tort liability law of our country takes the principle of fault liability. On the basis of the principle of fault liability, using the four elements of the general tort liability to identify the responsibility in the information network environment. The method of assuming the responsibility of information network tort liability mainly has cessation of the infringement? elimination of negative and restoration reputation?apologies?compensating for loss and so on. In our country, the legal protection of reputation under the information network is not into system, the legal obligation and status of ISP is ambiguous, which cause the preventive effect to reputation infringement of information. To enhance legal protection of reputation under the information network, it should establish a reciprocity and associated legal system on the basic of the clearly principle of law, make the clear and concrete regulation to the the legal status?inspection and supervisory of ISP.